Seán Power (Kildare South, Fianna Fail)

These amendments were raised on Committee and Report Stages in the Dáil and none was accepted because the Bill provides for a single appeals process. It is not considered necessary to include a separate appeals provision under each section of the Bill.

The appeals provision at section 7E of the Bill provides for a more robust and transparent appeals procedure in accordance with legal advices received and in compliance with Article 6 of the European Convention on Human Rights. The appeals process provides that a person can appeal any decision made by the HSE on subvention, under sections 7A (3), 7C (1) and (4) and 7D (2). Under the appeals section 7E, the person appointed by the HSE to consider the appeal must comply with the HSE's guidelines in respect of procedure.

The HSE has advised that a new appeals process and associated guidelines will be in place before the Bill has been enacted. There is not likely to be a significant change in the current appeals process on foot of this Bill. The HSE has advised that current appeals officers will continue to consider appeals under the new system. It has also advised that a single appeals process will be in place throughout the country, which was not previously the case. This will bring clarity and transparency to the process.

Individuals now have 60 days to make an appeal, as opposed to 28 under the current system. A person's right to make an appeal to the Supreme Court on a specified question of law is also now enshrined in legislation. It is considered that the provisions currently contained in the Bill provide for a fair, transparent and robust national appeals system. Therefore, it is not considered necessary to make any amendment to them and I do not propose to accept these amendments.